1. The U.S. Constitution
Ch. 2.4 – Ch. 3

2. The Constitutional Convention
Philadelphia
Five months, from May until September 1787
Secret meeting, closed to outside.
Originally intent to revise the Articles of Confederation. Decided to write something totally new.
Very illegal, treasonous.

3. The Constitutional Convention
The delegates had great experience in government. Included many signers of the Declaration of Independence and the Articles of Confederation.
Presided by George Washington (Father of the Country).
Official records kept by James Madison.

4. Decisions and Compromises
The Virginia Plan
proposed a strong executive,
a national judiciary,
a strong two-house legislature
the lower house would be chosen by the people
the upper house would be chosen by the lower house.
This favored the larger, more populous states.

5. Decisions and Compromises
The New Jersey Plan
proposed a weak executive of more than one person elected by Congress,
a national judiciary with limited powers,
a one house legislature, with one vote for each state.
This favored the small states.

7. The Great Compromise The Connecticut Compromise (Great Compromise)
proposed a legislative branch with two parts:
House of Representatives with representation based on population,
Senate with two members from each state.
This gave the large states an advantage in the House the smaller states in the Senate.

9. What to do about slavery?
Three-Fifths Compromise - settled the issue of representation in the House, counting three-fifths of slaves in determining a state’s representatives.
Commerce and Slave Trade Compromise - allowed slave trade to continue until Congress was forbidden to tax exports and was granted power to regulate interstate and foreign trade.

10. Other Compromises
The committee also shortened the president's term from seven years to four years, freed the president to seek re-election after an initial term, and moved impeachment trials from the courts to the Senate.
An Electoral College rather than a direct election of the president.

11. Discussion Question
Why does the word slave not appear in the Constitution?

12. Discussion Question
Opponents chose not to risk confrontation with supporters on an issue that might split the convention.

14. Americans take sides h
Supporters and opponents of the Constitution began a great debate over its ratification, or formal approval.
The Federalists (supporters of the Constitution) urged ratification; argued that a strong national government was needed to handle other nations and prevent anarchy.

15. Americans take sides (cont.)
Those opposed to the new Constitution became known as the "Anti-Federalists"
The Anti-Federalists opposed ratification, argued that the delegates drafted the Constitution in secret and had been given no power to replace the Articles.

16. Americans take sides (cont.)
They generally were not cosmopolitan, they usually cared about plantations and farms over commerce or finance, and wanted strong state governments and a weak national government.
They did not like that the Constitution lacked a Bill of Rights.

17. Americans Take Sides
To help win New York, Alexander Hamilton, James Madison, and John Jay published over 80 essays defending the Constitution known The Federalist Papers.

18. Constitution Ratified
When the Federalists promised to add a Bill of Rights.
New Hampshire was the ninth state to ratify the Constitution, making it official.
Virginia and New York had not. Without the support of those two large states, the Constitution never would have succeeded.
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19. Constitution Ratified (cont.)
The new national government launched in 1789.
George Washington took the oath of office as president.

20. Just the Facts: The Constitution
Ratified in 1789
Based on separation of powers
Formed 3 branches of Gov’t.
The Constitution is divided into three parts

21. Structure

22. Structure of the Constitution
The Preamble – the goals of the government.
The seven articles are the main divisions in the body of the Constitution
The amendments, which provide for changes

23. The Preamble 6 Goals: form a more perfect union establish justice
insure domestic tranquility
provide for the common defense,
promote the general welfare
Secure the Blessings of Liberty to ourselves and our posterity.

24. The Seven Articles Article I: The Legislative Branch
Article II: The Executive Branch
Article III: The Judicial Branch
Article IV: Relationship between the states
Article V: Amending the Constitution
Article VI: Supremacy Clause
Article VII: Ratification

25. Principles

26. Major Principles of the Constitution
There are 6 major principles:
Popular sovereignty - rule by the people
Federalism - power is divided between national and state governments
Separation of powers among the three branches

27. Major Principles (cont.)
4. Checks and balances - each branch exercises powers over the others. No branch will become too powerful.
5. Judicial review - power of the courts to overturn laws and actions of national, state, and local governments. Established by Marbury v. Madison.
have.

28. Major Principles (cont.)
6. Limited government - the Constitution limits government by specifying its powers and listing powers it does not have.

30. The Amendments 1st 10 Amendments are the Bill of Rights.
Where do the rights come from?

33. The Legislative Branch
Congress is made up of two houses:
- House of Representatives
- Senate
The powers granted Congress are expressed in Article I, Section 8.
Expressed Powers are also called enumerated powers or even declared powers.
Enumerated powers are those specifically given by the Constitution to the federal government.

34. The Legislative Branch (cont.)
Economic Powers
Levy taxes
Borrow money
Regulate commerce
Coin money
Punish counterfeiting

35. The Legislative Branch (cont.)
Defense Powers
Punish piracies
Declare war
Raise and support armed forces
Provide a navy
Regulate the armed forces
Call a militia
Organize a militia

36. The Legislative Branch (cont.)
Other powers…
Naturalizing citizens
Establishing post offices
Securing patents and copyrights
Establishing courts
Governing the District of Columbia

37. The Legislative Branch (cont.)
Elastic Clause: a statement in the U.S. Constitution granting Congress the power to pass all laws necessary and proper for carrying out the powers expressed in the other clauses.

38. The Executive Branch Specific Powers of the President:
Commander in chief of armed forces
Appoints heads of the cabinet (Senate approval)
Pardon people convicted on a federal crime

39. Powers of the President (cont.)
State of the Union Message
Calls Congress into special session
Meets with heads of state of foreign countries
Commissions all military officers
Ensures that the laws of the Constitution are “faithfully executed.”

40. The Judicial Branch
The United States has a dual court system, federal and state courts, each with its own jurisdiction.
The modern federal court system dates from 1891, but the Supreme Court exercised important power beginning in by using judicial review in the Marbury v. Madison case.

41. The Judicial Branch FEDERAL COURTS:
Involve United States laws, treaties with foreign nations, or interpreting the Constitution.
Cases involving law at sea
Cases involving bankruptcy

42. Shared Power and Conflict
The executive and legislative branches must cooperate to produce effective policies, but some conflicts are inevitable.
The Supreme Court must depend on the president and the executive branch to carry out its decisions.

43. Amending the Constitution
Ratifying Amendments
Two ways:
¾ of all state legislatures ratify amendment (Most common method)
Each state can call a special ratifying convention ¾ must approve
Congress sets the method and the amount of time

44. Informal Changes
Congress has passed laws that have changed or clarified many provisions of the Constitution.
Congress has shaped the Constitution by using the powers granted to the legislative branch.
Informal changes do not change the wording of the Constitution.